A SENIOR Central Intelligence Organisation officer, Mbereki Mbizo Nyathi, who is being charged together with an Indian national, Abdul Ishmael, on allegations of stealing a car from South Africa, was yesterday denied bail by a Harare magistrate and advised to apply for bail at the High Court.
BY MARY TARUVINGA
Nyathi (44) and Ishmael (30) were not asked to plead when they appeared before provincial magistrate, Tendai Mahwe, who remanded them in custody to August 19.
They were represented by their lawyers, Admire Rubaya and Oliver Marwa, whose efforts to have the pair granted bail, pending trial were in vain after Mahwe ruled he had no jurisdiction to entertain their application.
Rubaya and Marwa had argued that any court had the jurisdiction to entertain bail hearings of third schedule offences following the amendment of some sections of the Criminal Law (Codification and Reform) Act.
“I have gone through the sections of the Constitution, the Criminal Procedure and Evidence Act and the law you cited and established that there has been no amendment over third schedule offences. Section 115 of the Constitution only talks about who bears the burden of proof and it remains the High Court’s jurisdiction to deal with such matters … section 113, which has not been amended, says the magistrate shall not admit an accused to bail when the Prosecutor-General is opposed,” Mahwe said.
Allegations against the two are that sometime in January 2015, they acted in common purpose and connived to steal a BMW 320D vehicle in South Africa, while acting in cahoots with Hillary Nduna, who is still at large, and their colleagues based in South Africa.
The State alleges when the vehicle was stolen from South Africa, Nyathi and Ishmael brought it to Zimbabwe, where the latter fraudulently obtained a registration book with numbers ADU6982, from the Central Vehicle Registry.
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The State further alleges after registering the motor vehicle, Ishmael took the car to Nyathi’s residence for safekeeping, taking advantage of his position as a senior State security agent.
After receiving the car, Nyathi is said to have started using it, taking advantage of his post.
Senior regional prosecutor, Michael Reza appeared for the State.
